Top Real Estate Lawyer Didn't Understand Real Estate Loan Documents

That's a tough argument to make, but if anyone can sell it, it's Gerry Richman:

Feeling burned by a bad real estate deal? Real estate legal eagle and onetime bank chairman Conrad DeSantis can relate.

DeSantis is being sued over a personal guarantee on a $3.5 million loan for a failed Bahamian real estate venture.

It sounds like this should be a plain-vanilla lawsuit, but the dispute has turned into an extraordinary fight. That's because DeSantis, a North Palm Beach lawyer, has launched a blitzkrieg of paperwork against the lender, Cordell Funding LLLP.

DeSantis' main complaint: He and his company were "induced" into borrowing money for the real estate deal.

Tricked into a loan? Hard to fathom, given DeSantis' 41-year legal career as a virtual dean of the Palm Beach County real estate market. The Web site for his law firm, DeSantis, Gaskill, Smith & Shenkman, brags of his specialities in real estate and business law, "and in business itself." Included in his ventures: A stint as chairman of Enterprise National Bank in North Palm Beach.

But DeSantis insists in five thick volumes in Palm Beach County Circuit Court that he is a victim. Time and again, DeSantis claims he was fooled into onerous loan terms and exorbitant fees by Cordell, a private Miami lender. Through a company called North Andros Assets Ltd., DeSantis and partners borrowed from Cordell in 2005 to complete construction of nine Bahamian condos. DeSantis guaranteed the loan.

Among DeSantis' partners in the deal: Bahamian Sen. Philip Galanis.

All would have been well if Cordell had not delayed closing the loan, DeSantis alleges. The delay, plus piles of extra fees, ate up the money for construction of the condos. "They dragged their feet and killed the whole thing," said DeSantis' lawyer, Gerald Richman. He added that DeSantis was distracted by health concerns and wasn't able to focus as closely as he would have liked on the deal's machinations. The loan went into default in October 2006.

But Cordell and its general partner, Robin Rodriguez, aren't impressed by DeSantis' arguments. In court filings, Cordell calls its April lawsuit against DeSantis "a straightforward written guarantee agreement," despite DeSantis' 14-point counterclaim.

"I keep waiting for the kitchen sink. He's throwing everything else in," said Irwin Gilbert, Cordell's attorney.

Cordell also mocked DeSantis' bid to stall discovery. Case in point: DeSantis objected to the word "communications" in a request for written correspondence. DeSantis said the word's meaning is vague.

Cordell's response: Look it up in a dictionary!

Ugg. I like the way Gilbert told the reporter about objecting to the word "communications," as if to belittle everything else about the way Richman is litigating this case.

For all we know, given the context, this could be a perfectly valid objection.

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Gerry Richman Hates To Count Votes More Than Twice.

Well I was regaled this morning by John the shoeshine guy, who filled my head outside the courthouse with stories of Sugar Mountain, with the barkers and the colored balloons.

Actually he was telling me about his old outlaw days, before he found God, and how he used to help out all the high-priced lawyers, bankers, politicians, and muckety-mucks up there
in DC-land, where dope, hope, and bloat all live in cozy three-part harmony.

But he cleaned up his act, he's got the best shoeshine in town, and he's living the straight and narrow. Give the man a ten-spot, you cheap bastards.

Can we say the same for this town? Of course not -- it's still as crazy as ever.

And as crazy as Miami looks, the judicial scene just north of the border looks crazier still. And now it looks like the whole mishagosh is infecting Palm Beach County:

Circuit Judge Richard Wennet on Monday announced he will appeal the outcome of the Palm Beach County primary and ask for a special election to redo the race.

For three months, attorneys for Wennet and the man who unseated him, attorney William Abramson, have battled in court over a messy judicial election that involved misplaced ballots, multiple recounts and questionable counting machines.

Complicating matters further for Abramson is an unresolved Florida Bar complaint against him that could result in suspension of his law license. The judicial race between the two was always close. After the first machine and hand recounts in August, Wennet led by 60 votes. But problems at the Supervisor of Elections Office led to two more sets of recounts. Abramson won by 61 votes.

Wennet challenged the outcome in court in Tallahassee, but lost. His attorney, Gerald Richman, said they are appealing because they believe elections officials never should have gone beyond the first recount. "You can't have multiple recounts," Richman said.

David Shiner, Abramson's lawyer, was surprised by the appeal. "Our client Bill Abramson received more votes than Judge Wennet. That's an unequivocal fact," he said. "I find it very disingenuous and I think they're trying to strip the voters of their rights."

Wennet is seeking a new election, possibly in March during the scheduled municipal elections.

Oy. Maybe David is right, there's got to be a better way to select a judge.

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"Black Man Given Nation's Worst Job"

That's the headline this morning from The Onion, which goes on to report:

As part of his duties, the black man will have to spend four to eight years cleaning up the messes other people left behind. The job comes with such intense scrutiny and so certain a guarantee of failure that only one other person even bothered applying for it. Said scholar and activist Mark L. Denton, "It just goes to show you that, in this country, a black man still can't catch a break."

You all know where to go to get political blather up the yazoo on the tubes this morning, so I won't pile on just yet. I'm more interested in your election day war stories -- here's Gerry Richman, saving the world one vote at a time:

Richman’s mission was to ensure every eligible voter who wanted to vote for Obama would get the chance to do so — and no mechanical problems, access issues or poll worker confusion about Election Day procedures in the heavily Democratic county would stand in the way in a pivotal swing state.

Hey, I was helping too! Why is my photo not in the DBR?

Anyways, here's what I was doing -- first I joined Norm Moscowitz and together we let the air out of the tires on Frank Cosmen's Harley down at precinct 518, the Church of God of Prophecy #1 (seriously, that is the real name of that voting precinct).

That was a lot of fun, even if I'm not sure how much that helped the election process.

Later me and Ira Kurzban worked over Paul Huck, Jr. down at precinct 514, Miami Edison Middle School.

I won't bore you with all the sordid details, except that at one point Ira held gentle Paul's arms down while I whipped out my mandolin and serenaded the crowd with a rousing rendition of San Franciscan Nights. It was that kind of day.

I'm kidding, of course. Actually, Ira and I did a fairly faithful a cappella version of Gypsies, Tramps, and Thieves. Call me crazy, but I still believe -- in the right setting -- that song can work.

Seriously, I do want to thank all the lawyers from all sides who assisted and gave of themselves all day yesterday to help make this country a better place, regardless of the outcome. America thanks you for giving your skills and talents to improving the democratic process.

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Gerry Richman Writes Letter To DBR Containing 112-Word Sentence.

But who's counting, anyway:

That single fact instead lies buried on the inside second page where it is given no prominence and may not be seen by many readers: There could not possibly be a “conspiracy” involving The Florida Bar, its president and myself who is proudly a partner of The Bar president, because the vote of the Board of Governors appealing the recommendation by the referee in William Abramson’s third disciplinary proceeding that he again be publicly reprimanded be appealed to seek a harsher and more appropriate discipline of a 91-day suspension took place with all members of the Palm Beach County representatives to the Board of Governors including my partner, Jay White, recusing themselves.

More fun Richman sentence stats:

Seven lines!

684 characters (with spaces)

Only 160 words and three lines less than the entire Gettysburg Address.

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